Northern Territory Consolidated Acts

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WORK HEALTH ACT - SECT 64

Compensation during first 26 weeks of incapacity

64. Compensation during first 26 weeks of incapacity

(1) Subject to sections 65A, 65B and 66, a worker who is totally or partially incapacitated for work as the result of an injury shall be paid, in addition to any other compensation to which under this Part he or she is entitled, compensation equal to the difference between what he or she actually earned in employment during a week and his or her normal weekly earnings immediately before the date on which he or she first became entitled to compensation, in respect of any period during which the total period, or aggregate of the periods, of his or her total or partial incapacity, as the case may be, arising out of or materially contributed to by the same injury does not exceed 26 weeks.

(2) A worker shall be paid compensation under subsection (1) notwithstanding that his or her retirement has intervened between the date he or she sustained the injury out of which the incapacity arose and the date on which his or her entitlement to the payment of the compensation would otherwise cease and, for the purposes of calculating his or her continuing entitlement, his or her normal weekly earnings applying immediately before his or her retirement shall be deemed to continue to be his or her normal weekly earnings.



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